Legal Question in Business Law in New York

I am a small time contractor being sued in civil court. The plaintiff turned in as evidence a copy of the contract we wrote up together. On his copy, that is now exhibit 2, he has written in things that are not on the original contract but he is suing us for the added things as well. Is this legal evidence? Should I ask the judge to throw out the contract because it has been tampered with.


Asked on 1/31/12, 3:12 am

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Do you have your copy of the signed contract?

If yes, you can produce that as evidence and point out the differences to the judge; judges don't take kindly to fabricated evidence and may just toss out the case because of the fabrication. If no, well, you're stuck with plaintiff's version because you can't then prove that the writing before the judge is not the contract you signed.

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Answered on 1/31/12, 9:00 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Nancy. The best evidence rule favors the original. Be careful, as if it references multiple attachments or exhibits, the Judge may consider his Exhibit 2 as a valid addition. I have not seen any documents so this is a response on the facts presented. If additional or new facts are presented this response could change. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 2/01/12, 10:43 am


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